Case Summaries

Criminal Law & Procedure

[07/08] US v. Bolivar
Convictions for distributing a small quantity of cocaine and conspiring to sell a large amount are affirmed over claims of error regarding: 1) the sufficiency of the evidence; 2) a variance between the crimes charged and the crime proved at trial; 3) introduction of a recording without identifying the person in the recording; 4) a failure to make a threshold determination of conspiracy in evaluating whether to admit statements under the co-conspirator exception; and 5) the admissibility of post-arrest statements to police that showed his knowledge of drugs arriving from Mexico.

[07/08] Davis v. Grant
Dismissal of a habeas petition is affirmed where a state court's holding, which found that pro se petitioner was not deprived of his Sixth Amendment rights when he was removed from the courtroom for disruptive conduct with no standby counsel appointed to represent him in his absence, was not "contrary to, or ... an unreasonable application of, clearly established" Supreme Court precedent.

[07/08] US v. Wallace
Defendant's conviction for drug- and gun-related offenses is affirmed over claims of error regarding the sufficiency of the evidence to support his conviction, which alleged the government failed to prove that he held drugs with a commercial purpose. However, the sentence is remanded to give the district court an opportunity to indicate whether it would have imposed a non-Guidelines sentence knowing that it had discretion to deviate from the Guidelines to serve those objectives.

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Family Law

[07/01] In re Cheyanne F.
Order terminating the parental rights of a mother pursuant to Welfare and Institutions Code section 366.26 is affirmed over claims that the juvenile court erroneously omitted information required for notification forms under the Indian Child Welfare Act.

[06/30] Mardardo F. v. Superior Court (Yolo County Dep't of Employment and Social Serv.)
For purpose of Welfare and Institution Code section 361.5(b)(4), the phrase "the parent or guardian of the child" refers merely to the parent's or the guardian's current status in the current dependency proceeding, and the phrase "the death of another child" in the section means the death of any other child. In this case, the juvenile court properly applied the statute in denying reunification service to a 28 year old father who murdered a 13-year old girl when he was 15.

[06/26] In re S.B.
An order terminating the parental rights to a child under Welfare and Institutions Code1 section 366.26 is reversed and remanded where: 1) the terminated parent had a continuing beneficial relationship with the child within the meaning of the statutory exception to termination of parental rights; and 2) the juvenile court did not comply with the notice provisions of the Indian Child Welfare Act.

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Injury & Tort Law

[07/08] US ex rel K&R Limited P'ship v. Mass. Hous. Fin. Agency
In an action brought under the False Claims Act alleging that defendant knowingly submitted excessive claims for mortgage subsidy payments, summary judgment for defendant is affirmed where plaintiff failed to make a minimum showing that defendant knowingly made false claims, acted in deliberate ignorance or acted in reckless disregard.

[07/08] Sigler v. Am. Honda Motor Co.
In a diversity suit arising under the Tennessee Products Liability Act (TPLA), summary judgment for defendant-Honda is reversed where: 1) circuit case law clearly prohibited consideration of unsworn letters from various experts for Honda; and 2) plaintiff presented sufficient evidence to establish the existence of genuine issues of material fact regarding whether an airbag in her vehicle was defective and caused her injuries.

[07/07] Hysten v. Burlington N. Santa Fe Ry. Co.
In a mechanic's action raising a claim of retaliatory discharge under Kansas law, rulings and awards for plaintiff based on a jury's finding that defendant-railway retaliated against him for reporting a work-related injury that might have led to a future claim under the Federal Employer's Liability Act (FELA) are affirmed where defendant's challenges to the jury verdict and to an award of prejudgment interest lacked merit.

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